Ergon Energy's Photo Gallery contains downloadable images of our staff, projects and work we are undertaking, community events we sponsor and general electricity infrastructure. Images are available specifically for media to view and download for use in their publications. The Photo Gallery will be kept up to date with our most recent images. Images are available in three resolution / quality options for media's convenience.
Please accept the terms and conditions of use, in order to proceed.
This agreement is between Ergon Energy Corporation Ltd ("Ergon Energy") and you (the "Licensee") and these terms and conditions govern your use of the materials and may only be used by individuals who are of the age of consent in the jurisdictions in which they reside or corporations who have capacity to be bound by this agreement.
LICENCE GRANT AND TERMS
Ergon Energy grants the Licensee a fee-free, non-exclusive, non-transferable, non-perpetual, limited-use license to use the material contained in this section of the Ergon Energy site in the manner out in paragraph 3, on the terms and conditions contained in this agreement. You shall not use the material for any purpose other than the uses permitted in this agreement. If you want to use the material for any other purpose, you must first obtain the appropriate licence from Ergon Energy. We may audit your use of the material at any time. Ergon Energy retains all ownership and intellectual property rights in the material. This license is limited to a period of one (1) month from the date of downloading the material.
The material whether images, photographs, artwork, video, audio, or text is owned by Ergon Energy, and is protected by copyright laws. Subject to the rights granted to you under this agreement, you acknowledge and agree that the entire right, title, and interest in and to the material, shall remain with Ergon Energy. The Licensee agrees to use reasonable endeavours to protect Ergon Energy's rights in the material.
Ergon Energy grants to the Licensee a licence to use, reproduce, publish, exploit, communicate or broadcast the material, in any media, anywhere in the world provided that:
- the material may not be edited, cropped, altered, recompiled or modified in any way, whether in whole or in part;
- the material may not be used to imply or state any unauthorised association with Ergon Energy;
- the material may not be used for any Illegal or unlawful purposes; and
- the material may not be used in any manner which could be found offensive or damage Ergon Energy's brand or reputation.
In making use of the material the Licensee shall acknowledge Ergon Energy's rights.
DISCLAIMER OF WARRANTIES
To the extent permitted by the Trade Practices Act and relevant State legislation, the sole obligation of Ergon Energy in relation to the material or any part of it, shall be under this agreement and all other warranties, conditions, representations and undertakings which may be lawfully excluded, limited or modified, are here by excluded, limited or modified to the fullest extent permitted by law and liability shall be limited to the obligations under this agreement, provided that should there be any inconsistency between this agreement and the provisions of legislation which cannot be so excluded, limited or modified, then the legislation shall prevail. In the event that the material is supplied to the Licensee as a 'consumer' of goods or services within the meaning of that term in the Trade Practices Act as amended and/or similar State legislation, nothing in this agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred and has not been so excluded, restricted or modified. If the material the subject of the agreement is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 68A of the Trade Practices Act and similar provisions of relevant State legislation, then Ergon Energy hereby limits its liability to payment of an amount equal to the lowest of:
- the cost of replacing the material or any part;
- the cost of repair of the material or any part; or
- the cost of having the material resupplied.
LIMITATION OF LIABILITY AND INDEMNITY
Subject to clause 4 above, Ergon Energy has no liability to the Licensee in respect of any and all loss or damage whether arising in contract, tort (including negligence) or otherwise which may be suffered or incurred or which may arise directly or indirectly due to the Licensee's use of the material.
Ergon Energy shall not be liable to you or any third party for indirect, special, economic, consequential, or punitive damages including without limitation, damages for loss of business profits, business interruption, loss of business information, liabilities to third parties arising from any source, or other pecuniary loss, regardless of the nature of the claim, arising out of your use of, suitable for use or inability to use, the material.
The Licensee hereby indemnifies Ergon Energy for any loss, damage or other liability incurred by the Licensor directly or indirectly as a result of a claim brought by a third party against Ergon Energy in respect of the materials used by the Licensee.
Ergon Energy may terminate this Agreement at any time. Upon termination of this Agreement, you shall cease use of the material, return all material to Ergon Energy, and deliver to Ergon Energy a written certification that you have complied with your termination obligations under this agreement.
This click-wrap or shrink-wrap license is the entire agreement and understanding between you and Ergon Energy with respect to the subject matter hereof and supersedes all prior agreements, representations, negotiations, proposals, and understandings, whether written or oral, concerning the subject matter hereof.
AMENDMENTS AND MODIFICATIONS
This agreement may not be amended or modified except in a writing signed by authorized representatives of both parties to this Agreement.
This agreement shall be governed by the laws of Queensland. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Ergon Energy's Photo Gallery contains downloadable images of our staff, community events we sponsor and general electricity aspects.